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Abstract

There is room for compromise in the U.S. abortion debate. Specifically, improving abortion data is an untapped issue with significant bipartisan appeal. Better data will lead to more-informed abortion policy and promote shared public health priorities, like the reduction of unintended pregnancies. Unfortunately, the current abortion reporting system falls short of providing these benefits. There is no national law governing the collection and reporting of abortion data. Americans must therefore rely on information voluntarily provided to the Centers for Disease Control and Prevention and the Guttmacher Institute. The result is data that is inaccurate, non-uniform, and untimely. To remedy the current data’s limitations, this Article introduces a three-part, federal proposal comprised of (1) a concise, electronic abortion reporting form; (2) sufficient congressional funding to support state reporting efforts; and (3) five robust confidentiality measures that go beyond the Health Insurance Portability and Accountability Act. To entice states to accept this proposal, this Article recommends that Congress utilize a tiered conditional spending approach that is both constitutional and effective. Given the rapidly evolving legal landscape following Dobbs v. Jackson Women’s Health Organization, and the consequences at stake for millions in the United States, passing legislation to obtain reliable abortion data is more pressing than ever.

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